Stephen D. Cannerelli / The Post-StandardErma Jerva, 91, right, told a judge Monday she intends to live long enough to get compensated by car dealer Pat Bombard. Bombard was sentenced to five years probation for swindling Jerva. Jerva appeared in court with Assistant District Attorney Beth Van Doren.

Syracuse, NY - Skaneateles car dealer Pat Bombard avoided a state prison sentence today despite failing to come up with the restitution for an elderly neighbor he swindled in a land-sale deal.

"I trusted him and I went along with his sale," Erma Jerva told Onondaga County Judge Anthony Aloi. "I was trusting him to keep his word."

Aloi told Jerva his primary reason for placing Bombard on probation instead of sending him to prison was to try to help her recoup the full restitution Bombard owed toward the mortgage she holds on the property she sold to him.

"I'm going to stay alive until I get it, too," the 91-year-old Jerva proudly proclaimed in the courtroom.

Bombard, 55, of 39 Heritage Woods, pleaded guilty last April to felony charges of second-degree grand larceny and first-degree offering a false instrument for filing in the land-sale scheme.

Under terms of the land-sale deal, Jerva maintained the use of her property for the rest of her life and Bombard was to pay over time the mortgage Jerva continued to hold on the property.

But Bombard stopped making the payments in 2009 and filed a phony mortgage discharge in the Onondaga County Clerk's Office in 2008.

Stephen D. Cannerelli / The Post-StandardSkaneateles car dealer Pat Bombard was sentenced to five years probation. He appeared in court today with his attorney, Robert Durr.

In accepting Bombard's guilty plea last April, Aloi promised Bombard a sentence of five years' probation in order to allow him to arrange a deal to sell his car dealership in order to pay Jerva's restitution.

The sentencing has been postponed numerous times as Bombard has repeatedly failed to come up with the money to pay back.

Assistant District Attorney Beth Van Doren said Bombard still has not come up with the money in the months since he pleaded guilty.

Jerva told the judge she was "disappointed" by how the case had played out and by Bombard's attempt "to trick me out of my hard-earned property."

Aloi noted that if he sentenced Bombard to prison, the likelihood of Jerva getting back her money was significantly reduced.

"For you to have to go through these circumstances is sad," the judge told Jerva, noting he has a 98-year-old mother for whom he would be quite concerned under similar circumstances.

But he repeatedly noted placing Bombard on probation was the court's best chance at getting Jerva's money for her.

"Your words are going to ring loud and clear down the road if your mortgage is not paid," Aloi noted.

Pat Bombard SentencingSkaneateles car dealer Pat Bombard was sentenced to five years probation on Monday January 23, 2012 by Onondaga County Court Judge Anthony Aloi on a grand larceny charge on the condition he pay full restitution to the victim Erma Jerva. Judge Aloi said he would consider jail time for Bombard if the restitution isn’t paid. Video by Stephen D. Cannerelli (2:24)

Defense lawyer Robert Durr said Bombard never intended to harm Jerva, but got caught up in the hard economic times himself.

"I'd just like to apologize to Mrs. Jerva for the problems that have occurred," Bombard said.

Aloi noted a number of business deals fell through as Bombard tried to come up with the money to pay Jerva's mortgage as promised. The judge said there was another deal under consideration now that might resolve the issue.

But the judge set a firm deadline for Bombard to make good now that he's on probation.

Aloi told Bombard that if he has not paid back the full amount of $120,045.17 - plus daily interest of $19.53 from Dec. 12 until the full amount is paid - by Jan. 23, 2013, he will be deemed in violation of probation and sentenced to state prison.

Aloi promised Bombard a sentence of at least one to three years in prison. It could go substantially higher, however, the judge warned.

Aloi also sentenced Bombard to five years' probation for a separate felony charge of first-degree scheme to defraud. That charge involved allegations Bombard stole from several customers at his Chevrolet dealership by taking loan money that was supposed to be used to pay off other vehicles.